Criminal Negligence

Criminal Negligence Charges

Criminal negligence can be made worse if it is criminal negligence causing death, or criminal negligence causing bodily harm.

Criminal negligence is a complicated charge which can arise either with an act of commission or omission. The crux of the charge or the offence lies in the breach of a legally imposed duty and in showing “wanton or reckless” disregard for the lives or safety of others. There are many situations that can give rise to the offence. Probably the most common situation or charge is “criminal negligence” arising from the operation of a motor vehicle. Very often these involve personal injury situations, or fatal accidents.

Do not confuse criminal negligence with less serious Provincial offenses. A conviction for criminal negligence results in a criminal record and all the stigmas and difficulties which go along with that. If you are facing a criminal negligence charge you will need to consult with a lawyer and would be well advised to retain counsel and have them represent you until your charges are fully resolved one way or another. Get the experience of Patrick Penny on your side. He has over 32 years of experience in representing people against these and other criminal charges.

Criminal Negligence As Defined In The Criminal Code

219. (1) Every one is criminally negligent who

(a) in doing anything, or

(b) in omitting to do anything that it is his duty to do,

shows wanton or reckless disregard for the lives or safety of other persons.

Definition of “duty”

(2) For the purposes of this section, “duty” means a duty imposed by law.

Causing death by criminal negligence

220. Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

Causing bodily harm by criminal negligence

221. Every one who by criminal negligence causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.